Ritu, Author at SCC Times

Suit against trade name/partnership firm should follow the procedural requirements laid down in CPC: Calcutta High Court

Calcutta High Court set aside impugned order due to the lack of evidence for subletting and the non-maintainability of the suit.

Case Briefs High Courts

Calcutta High Court awards Rs. 5 Lakhs Compensation for 11-year-old’s death by electrocution

The single-judge bench had directed the Distribution Company to adopt the multiplier method used in assessing compensation in Motor Accident Claim Cases while issuing compensation in the present matter.

Case Briefs High Courts

Non-disclosure of previous blacklisting justifies five-year blacklisting: Calcutta High Court

While prohibiting the appellants from participating in tenders, the Calcutta High Court admitted the present appeal for further consideration and deliberation.

Case Briefs High Courts

Article 226 does not empower High Court to issue positive direction for Muslim Marriage Registrar post creation: Calcutta High Court

Calcutta High Court directed the appellant to consider the formation of the new Police Station and relevant rules to create a permanent or temporary MMR post.

Case Briefs High Courts

“Absurd and improbable”: Calcutta High Court sets aside maliciously instituted criminal case with no sufficient grounds for legal action

While quashing the criminal proceeding filed against petitioners, the Calcutta High Court held that the same is lacking with substantial evidence and is institutes with malicious intent.

Case Briefs High Courts

Calcutta High Court allows termination of 25+ weeks pregnancy of a minor gang-rape survivor

Calcutta High Court commended the cooperation from all parties involved and expressed well wishes for the minor child’s future.

Case Briefs High Courts

Misuse of Section 498A IPC has unleashed a new “legal Terrorism”: Calcutta High Court quashes criminal proceedings

While pointing out the misuse of Section 498A of the IPC, the Calcutta High Court quashed the criminal proceedings on the grounds of insufficient evidence and misuse of the law.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT rejects Liquidator’s petition to retrieve Bank Guarantees/Fixed Deposit Receipts under IBC

NCLAT held that during the moratorium period under Section 14 of IBC, Customs Authorities are authorized to utilize Bank Guarantees and Fixed Deposits furnished against Zero Import Duty.

Case Briefs High Courts

Calcutta High Court refuses to quash proceeding against teacher for involvement in Communal Disturbance case

Considering the nature of the alleged offences and the available evidence, the Calcutta High Court found a prima facie case against the petitioner to proceed to trial.

Case Briefs Tribunals/Commissions/Regulatory Bodies

[Go Airlines] NCLAT allows inspection of leased Aircraft Engines

NCLAT held that the impugned order passed by the Adjudicating Authority is at a prima facie stage and should not be treated as a final expression of opinion.

Case Briefs High Courts

Distribution Company can levy Delayed Payment Surcharge under Section 56(2) of Electricity Act, 2003 on payment default: Calcutta High Court

Calcutta High Court held that the liability to pay other charges (DPS) would arise not from the date when the bill was first raised but from the first instance of non-payment of the concerned charges,

Case Briefs High Courts

Calcutta High Court prioritises students’ interest; directs reconsideration of teacher’s transfer application

“Once a teacher fulfils the eligibility criteria for transfer, the authority must take steps to fill up the resultant vacancy as per the norms existing within a reasonable time.”

Case Briefs High Courts

Calcutta High Court restrains Irrigation and Waterways Department from encroaching private land

The Calcutta High Court ruled in favor of the petitioners, finding that the respondents had not acquired the land in question and issued a writ of mandamus to restrain the encroachment.

Case Briefs High Courts

Calcutta High Court upholds cessation of Letter of Intent due to unauthorized change in business structure

Calcutta High Court observed that the petitioner admitted the mistake of changing the business structure without obtaining prior approval.

Case Briefs High Courts

Lapsed acquisition notice yields compensation entitlement under 2013 Land Acquisition Act: Calcutta High Court

The Calcutta High Court held that since the acquired land had been used for public purposes, compensation under the Act, 2013 should be provided to the petitioners.

Case Briefs High Courts

Unambiguous intent required for incorporating Arbitration Clause by reference under Section 7(5) of the Arbitration and Conciliation Act, 1996: Calcutta High Court

In the instant matter, the primary issue was the incorporation of arbitration clauses from the Master Facility Agreement and Settlement Agreement and the maintainability of a composite reference.

Case Briefs High Courts

Burden of Proof remains unshifted on failure to substantiate misrepresentation contentions; Calcutta High Court dismisses partition appeal

“The appellants/plaintiffs are to prove their own case and they cannot bank upon the laches on the part of the respondent/defendants.”

Case Briefs High Courts

No eviction under Section 108 of Transfer of Property Act on unauthorized construction outside tenanted portion: Calcutta High Court

Calcutta High Court remanded the eviction case to First Appellate Court on finding that the alleged construction was outside the tenancy property.

Case Briefs High Courts

Calcutta High Court orders examination of rehabilitated horses for potential return to owners

Calcutta High Court gave directions to veterinarians attached to the Government Institution to examine rehabilitated horses and submit compliance report on next date of hearing.

Case Briefs High Courts

Calcutta High Court criticizes Authorities’ unjustifiable procrastination and inaction; orders refund of lapsed deposit with interest

Calcutta High Court observed that “…inaction and ‘shifting the blame game' by one authority to another is highly deprecated by this court.”